DIE Mercurii, 17 die Julii.
Domini præsentes fuerunt:
The Lord Chancellor being sick, the Lord Chief
Justice of the Common Pleas sat Speaker, by
virtue of a Commission from the King under the
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Viscount de Stafford.
Ds. Howard de Charlt.
Ds. Herbert de Cherb.
Ds. Berkeley de Strat.
PRAYERS, by Dr. Hodges.
Westminster Streets Bill.
The Earl of Portland reported from the Committee,
the Bill concerning the paving and mending the Highways and Streets in Westm. with some Alterations and
Amendments; which, being read Twice, were Agreed
to, and the Bill ordered to be engrossed with these
Amendments and Alterations.
Bill for providing Carriages, and Bill for Arrears of Monies for the King.
ORDERED, That the Committee for the Bill for Carriages, and for the Bill for bringing Arrears of Monies, being now sine Die, shall meet To-morrow Morning, at Eight of the Clock. And the Earl of Derby,
Earl of North'on, Earl of Bristoll, Earl of Pembrooke,
and Viscount de Stafford, and the Lord De la War, are
added to the said Committee.
Bill to regulate Corporations.
vice lecta est Billa, "An Act for the Wellgoverning and Regulating Corporations."
Message from H. C. with a Bill.
A Message was brought from the House of Commons.
by Sir Richard Everard; who brought up a Bill, intituled, "An Act for confirming of Private Acts,"
wherein their Lordships Concurrence is desired.
Bill to vacate Sir Ed. Powel's Fines.
A Proviso was offered to the House, to be added to
the Bill for vacating the Fines levied by Sir Edward
Powell and his Lady; which was received, and read;
and referred to the Earl of Anglesey and the Lord Holles,
to amend the said Proviso according to the Sense of the
House upon Debate; and to report the same to the
And accordingly their Lordships reported some Amendments therein; which, being read Twice, were Agreed to.
L. Chamb. excused.
The Lord Chamberlain was excused for being absent,
in regard of his ill Health.
L. Hereford, Leave to be absent.
ORDERED, That the Lord Viscount Hereford hath
Leave to be absent from this House, and go into the
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Mr Clifford; who brought up a Bill, intituled, "An
Act for preventing the unlawful coursing, hurting, or
killing of Deer;" wherein their Lordships Concurrence is desired.
Bill to vacate Sir Ed Powel's Fines.
vice lecta est Billa, "An Act for making
void divers Fines, unduly procured to be levied, by
Sir Edward Powell Knight and Baronet, and Dame
Mary his Wife."
The Question being put, "Whether this Bill, with
the Proviso, shall pass for a Law ?"
It was Resolved in the Affirmative.
Protest against it.
"Whereas, before the Question was put, upon a
Bill, intituled, An Act for making void divers Fines,
unduly procured to be levied, by Sir Edward Powell
Knight and Baronet, and Dame Mary his Wife, Leave
was desired for entering Protestations of divers Lords,
in case the Vote shall be carried for passing the said
Bill; we, whose Names are underwritten, do protest
against the said Bill, for these Reasons following:
"1. That Fines are the Foundations upon which
most Titles of this Realm do depend; and
therefore ought not to be shaken, for the
great Inconvenience that is likely to follow
"2. Such Proceeding is contrary to the Statute of
the 25 Ed. I, now in Force; which saith, "Forasmuch as Fines levied in Our Court ought
and do make an End of all Matters, and therefore principally are called Fines."
"3. And to another Statute made in the Fifth
Year of King Ed. the IIId, where it is enacted, "That no Man shall be forejudged of
Lands or Tenements, Goods nor Chattels, contrary to the Form of the Great Charter."
"4. And to another Statute, made in the 28th of
Ed. III, where it is enacted, "That no Man,
of what Estate or Condition that he be, shall
be put out of Land or Tenement, nor disherited, without being brought in to answer
by due Process of Law."
"5. This Proceeding by Bill, as we conceive, is
contrary to a Statute made in the 4th Year of
King H. IVth, wherein it is declared, "That
in Pleas Real and Personal, after Judgement
given in the Courts of our Lord the King,
the Parties be made to come in, upon grievous
Pains, sometime before the King Himself,
sometimes before the King's Council, and
sometimes to the Parliament, to answer thereof
anew, to the great Impoverishing of the
Parties, and in the Subversion of the Common
Law, it is ordained, That, after Judgement
given in the Courts of our Lord the King, that
Parties and their Heirs shall be thereof in
Peace, until the Judgement be undone by
Attaint, or by Error if there be Errors, as
hath been used by the Laws in the Times of
the King's Progenitors.
"6. The Proceedings upon this Bill hath been, as
we conceive, directly against the Statutes aforesaid, by calling Persons to answer of Judgements anew, given in the Common Pleas, and
vacating the same without either Attaint or
Error, and calling Persons to answer without
the due and ancient Process of Law, and forejudging the Tenants of the Lands in Question
without ever hearing them.
"7. For that there hath not occurred to us One
Precedent wherein any Fine hath been vacated
by Act of Parliament, without Consent of
Parties; the Law looking upon Fines as always transacted by Consent, and with that
Reverence, that neither Lunacy, Ideotism, nor
any other Averment whatsoever, shall be admitted against Fines, when perfected.
"8. We conceive, to vacate Assurances by a future
Law, good by the present Law, is unreasonable; and of dangerous Consequence, both in
respect of what such a Precedent may produce
upon the like Pretences, as also rendering Mens
Minds so doubtful, that not only the Rude and
Ignorant, but the Learned, may be at a Loss
how to make or receive a good Title.
"9. For that it is averred in the said Bill, that all
the Lady Powell's Servants were removed;
whereas it appeared, by Depositions in Chancery, that Antonia Christiana, one who had
lived with the Lady Powell many Years, was
"10. That Doctor Goddard a Physician, and Foucaut
an Apothecary, examined in the said Cause, did
testify, "They saw no Fear in, or Force upon,
the Lady Powell;" and had there been any,
we conceive it impossible for a Woman to hide
the Passion of Fear from a Physician, which
is not easily dissembled from a vulgar Eye.
And Foucaut the Apothecary deposed, "That he
was Twice a Day with the said Lady Powell
for One Month together, immediately preceding her Death."
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by
Dr. Childe and Sir Wm. Glascocke:
To deliver to them the Bill for vacating Sir Edward
Powell and his Lady's Fines, and to desire their Concurrence therein.
Dominus Capitalis Justiciarius de Communi Placit. declaravit præsens Parliamentum continuandum esse usque
in diem Jovis, videlicet, 18um diem instantis Julii, hora
nona Aurora, Dominis sic decernentibus.